Janatha Charitable Society vs State Of Kerala
2022 Latest Caselaw 5960 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
      TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                        WP(C) NO. 17624 OF 2022
PETITIONER/S:

          JANATHA CHARITABLE SOCIETY
          VELLUR, PAYYANNUR, REGD.NO.5.127/82
          KANNUR DISTRICT - 670307,
          REPRESENTED BY ITS SECRETARY
          BY ADVS.
          M.SASINDRAN
          S.SHYAM KUMAR


RESPONDENT/S:

1         STATE OF KERALA - REPRESENTED BY ITS SECRETARY,
          LOCAL SELF GOVERNMENT DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM - 695001
2         THE DIRECTOR
          DAIRY DEVELOPMENT DEPARTMENT, PATTOM,
          THIRUVANANTHAPURAM - 695001
3         THE DISTRICT COLLECTOR,
          KANNUR DISTRICT, PIN - 670 002
OTHER PRESENT:

          GOVERNMENT PLEADER, P.S.APPU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17624 OF 2022
                               2

                      JUDGMENT

Dated this the 31st day of May, 2022

The petitioner is a Society registered under the

Societies Registration Act XXI of 1860. According to the

petitioner, around 3000 dairy farmers, living in and around

Payyannur Municipality, are members of the Society.

Presently the Society is distributing 40,000 litres of Milk,

4500 litres of Curd and 500 litres of ghee in Kannur and

Kasaragod Districts.

2. The petitioner is aggrieved by the Government

orders, confining subsidy and other benefits to dairy

farmers, who are members of Dairy Co-operative Societies

alone. Petitioner contends that the benefits should be

extended to its members also and there cannot be any

discrimination among dairy farmers on the basis of their

membership in a co-operative society and a society like the

petitioner.

3. Pointing out these aspects and seeking

appropriate directions, the petitioner has filed Ext.P4 WP(C) NO. 17624 OF 2022

representation before the first respondent, addressed to

the Hon'ble Minister, LSGD. The petitioner seeks a

direction to consider Ext.P4 representation expeditiously.

Considering the limited relief sought, the Writ Petition

is disposed of directing consideration of Ext.P4

representation by the first respondent after affording an

opportunity of hearing to the petitioner's authorised

representative. The order as directed above shall be

passed within an outer limit of two months from the date of

receipt of a copy of this judgment. To effectuate proper

consideration of the representation, petitioner should

produce a copy of this writ petition before the first

respondent, along with certified copy of the judgment.

Sd/-

V.G.ARUN JUDGE RK WP(C) NO. 17624 OF 2022

APPENDIX OF WP(C) 17624/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BYE LAW OF THE JANATHA CHARITABLE SOCIETY EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF G.O.(MS) No.80/2017/LSGD DATED 03.04.2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER NO. G.O.(MS) No.54/2019/LSGD DATED 25.05.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 27.12.2021 SUBMITTED BEFORE THE MINISTER OF STATE FOR LOCAL SELF GOVERNMENT EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 16.11.2021 IIN W.P.(C) No.31086 OF 2019